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(영문) 서울중앙지방법원 2013.04.12 2013고정1258
배임
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Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

The Defendant is a person who operated automobile and electronic parts processing business B from March 2006 to October 2008.

Around May 27, 2008, the Defendant entered into a lease agreement with a victim Mz Comprehensive Finance Corporation (hereinafter “B”) to lease (lease) machinery of an amount equivalent to KRW 143 million at the market price from May 27, 2008 to June 25, 2011, the Defendant paid KRW 50,500,050 (35% at the market price) as a security deposit in advance at the B’s workplace during the period from May 27, 2008, and paid rent of KRW 3061,220 each month on 36 occasions for the remainder except for the security deposit. To secure this, the Defendant entered into a lease agreement with 30,000,000 won at the market price of KRW 40,000,000,000,000,000,000,000 as a security for transfer (type 16,000,00).

As such, the Defendant, who entered into a contract of transfer for security with the victim, had a duty to manage the mortgaged property in advance so that the victim may maintain the security interest during the period of the contract of transfer for security, but in violation of such duty, transferred the ownership of each of the mortgaged property to the lessor of the building occupied by B around December 2008 in lieu of the overdue rent, thereby acquiring property interest equivalent to the amount of the security interest in the mortgaged property and causing a loss equivalent to the same amount to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to the complaint (including attached data);

1. Article 355 (2) and (1) of the Criminal Act applicable to the relevant criminal facts and the choice of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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